General Provisions of the Magnuson-Stevens Fishery Conservation and Management Act; Minor Amendments to Regulations, 67809-67811 [E8-27227]
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Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Rules and Regulations
This small entity compliance guide is
authorized by the Assistant Administrator of
Fisheries, National Marine Fisheries Service
and complies with section 212 of the Small
Business Regulatory Enforcement Fairness
Act of 1996.
This final rule has been determined to be not
significant for purposes of Executive Order
12866.
List of Subjects
50 CFR Part 300
Administrative practice and
procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports,
Indians, Labeling, Marine resources,
Reporting and recordkeeping
requirements, Russian Federation,
Transportation, Treaties, Wildlife.
50 CFR Part 600
Administrative practice and
procedure, Confidential business
information, Fisheries, Fishing, Fishing
vessels, Foreign relations,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Statistics.
50 CFR Part 697
Administrative practice and
procedure, Fisheries, Fishing,
Intergovernmental relations, Reporting
and recordkeepingrequirements.
Dated: November 10, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
CHAPTER III
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
1. The authority citation for part 300
continues to read as follows:
■
Authority: 16 U.S.C. 773 et seq., 16 U.S.C.
951–961 and 971 et seq., 16 U.S.C. 973–973r,
16 U.S.C. 2431 et seq., 16 U.S.C. 3371–3378,
16 U.S.C. 3636(b), 16 U.S.C. 5501 et seq., and
16 U.S.C. 1801 et seq.
2. In § 300.5, paragraphs (a)(1) and (2)
are added and paragraphs (c)(3) and (4)
are revised to read as follows:
■
hsrobinson on PROD1PC76 with RULES
Facilitation of enforcement.
(a) * * *
(1) For the purposes of this section
‘‘freeboard’’ means the working distance
between the top rail of the gunwale of
a vessel and the water’s surface. Where
cut-outs are provided in the bulwarks
for the purpose of boarding personnel,
freeboard means the distance between
the threshold of the bulwark cut-out and
the water’s surface.
(2) For the purposes of this section,
‘‘pilot ladder’’ means a flexible ladder
VerDate Aug<31>2005
17:35 Nov 14, 2008
Jkt 217001
CHAPTER VI
CHAPTER VI
PART 697–ATLANTIC COASTAL
FISHERIES COOPERATIVE
MANAGEMENT
5. The authority citation for part 697
continues to read as follows:
■
Authority: 16 U.S.C. 1501 et seq.
6. In § 697.9, paragraph (a) is revised
to read as follows:
■
§ 697.9
Facilitation of enforcement.
(a) General. See § 600.730 of this
chapter.
[FR Doc. E8–27221 Filed 11–14–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 600, 622, and 679
PART 600—MAGNUSON-STEVENS
ACT PROVISIONS
[Docket No. 0809101190–81192–01]
RIN 0648–AX26
3. The authority citation for part 600
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
4. In § 600.730, paragraphs (a)(1) and
(2) are added after the introductory text
and paragraphs (c)(3) and (4) are revised
to read as follows:
■
§ 600.730
For the reasons set out in the
preamble, 50 CFR parts 300, 600, and
697 are amended as follows.
■
§ 300.5
constructed and approved to meet the
U.S. Coast Guard standards for pilot
ladders at 46 CFR subpart 163.003
entitled Pilot Ladder.
(c) * * *
(3) Except for fishing vessels with a
freeboard of 4 feet (1.25 m) or less,
provide, when requested by an
authorized officer or CCAMLR
inspector, a pilot ladder capable of
being used for the purpose of enabling
the authorized officer or CCAMLR
inspector to embark and disembark the
vessel safely. The pilot ladder must be
maintained in good condition and kept
clean.
(4) When necessary to facilitate the
boarding or when requested by an
authorized officer or CCAMLR
inspector, provide a manrope or safety
line, and illumination for the pilot
ladder.
67809
Facilitation of enforcement.
(a) * * *
(1) For the purposes of this section
‘‘freeboard’’ means the working distance
between the top rail of the gunwale of
a vessel and the water’s surface. Where
cut-outs are provided in the bulwarks
for the purpose of boarding personnel,
freeboard means the distance between
the threshold of the bulwark cut-out and
the water’s surface.
(2) For the purposes of this section,
‘‘pilot ladder’’ means a flexible ladder
constructed and approved to meet the
U.S. Coast Guard standards for pilot
ladders at 46 CFR subpart 163.003
entitled Pilot Ladder.
(c) * * *
(3) Except for fishing vessels with a
freeboard of 4 feet (1.25 m) or less,
provide, when requested by an
authorized officer or observer personnel,
a pilot ladder capable of being used for
the purpose of enabling personnel to
embark and disembark the vessel safely.
The pilot ladder must be maintained in
good condition and kept clean.
(4) When necessary to facilitate the
boarding or when requested by an
authorized officer or observer, provide a
manrope or safety line, and illumination
for the pilot ladder.
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Fmt 4700
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General Provisions of the MagnusonStevens Fishery Conservation and
Management Act; Minor Amendments
to Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues minor
amendments to update regulations
pertaining to the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). The
updated regulations reflect amendments
to the Magnuson-Stevens Act by the
Magnuson-Stevens Fishery
Conservation and Management
Reauthorization Act of 2006 (MSRA) so
that regulations are consistent with the
revised statutory text. The effect of this
action is to update Magnuson-Stevens
Act regulations where only minor
changes to revise language or insert new
provisions of the amended MagnusonStevens Act are needed. Additional
actions interpreting and implementing
the requirements of the MSRA are being
addressed as separate rulemakings.
DATES: Effective November 17, 2008.
FOR FURTHER INFORMATION CONTACT:
William D. Chappell at 301–713–2337.
SUPPLEMENTARY INFORMATION: In title 50,
parts 600, 622, and 679 contain
regulations issued under authority of
the Magnuson-Stevens Act. On January
12, 2007, the President signed into law
the MSRA (Public Law 109–479), which
E:\FR\FM\17NOR1.SGM
17NOR1
hsrobinson on PROD1PC76 with RULES
67810
Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Rules and Regulations
amended the Magnuson-Stevens Act
and set forth, among other things,
general and more specialized provisions
pertaining to parts 600, 622, and 679.
NMFS makes minor changes to these
parts to resolve inconsistencies between
the specified regulations and the
governing changes presented in the
MSRA that have a direct bearing on the
regulations. This final rule makes
changes following the provisions of the
Magnuson-Stevens Act as amended by
the MSRA in the order of their
presentation in the regulations. The
applicable Magnuson-Stevens Act
citation is in parentheses.
In § 600.10 the definition of term
‘‘limited access system’’ is added, as
this term is used very often in current
fishery management plans and
regulations (Magnuson-Stevens Act sec.
3(27)).
Section 600.345 is modified to add
the MSRA requirement to National
Standard 8 — Communities, that fishery
conservation and management measures
take into account the importance of
fishery resources to fishing communities
by using economic and social data that
is based on the best scientific
information available (MagnusonStevens Act sec. 301(a)(8)).
Section 600.350 revises National
Standard 9 — Bycatch, by reformatting
paragraph (c), the definition, and adding
an exclusion of ‘‘bycatch’’ scientifically
tagged and released highly migratory
species fish harvested in a commercial
fishery managed by a Council or the
Western and Central Pacific Fisheries
Convention Implementation Act
(Magnuson-Stevens Act sec. 304(g)(2)).
Section 600.516 updates the language
and specifies that allocations of the total
allowable level of foreign fishing are
discretionary and such allocations shall
be zero for fisheries that have adequate
or excess domestic harvest capacity
(Magnuson-Stevens Act sec. 201(d)).
Section 622.2, revises the definition of
‘‘Caribbean’’ to reflect the extended
jurisdiction of the Caribbean Fishery
Management Council to the U.S. waters
surrounding all U.S. territories in the
Caribbean Sea (Magnuson-Stevens Act
sec. 302(a)(1)(D)). Previously, Council
jurisdiction was only over fisheries
seaward of the U.S. Virgin Islands and
Puerto Rico.
Section 218 of the MSRA amended
section 802 of the Consolidated
Appropriations Act of 2004 (Public Law
108—199; section 802) to extend the
duration of the Central Gulf of Alaska
(GOA) Rockfish Program from two to
five years. In section 802, Congress
required the Secretary in consultation
with the North Pacific Fishery
Management Council to establish a
VerDate Aug<31>2005
17:35 Nov 14, 2008
Jkt 217001
management program for Central GOA
rockfish and other groundfish fisheries
with specific provisions. Section 802
states in part, ‘‘...The pilot program will
sunset when a GOA groundfish
comprehensive rationalization plan is
authorized by the Council and
implemented by the Secretary, or 2
years from date of implementation,
whichever is earlier.’’
The North Pacific Fishery
Management Council adopted the
Central GOA Rockfish Program on June
6, 2005. NMFS approved the
amendment to the Gulf of Alaska
Groundfish Fishery Management Plan
and adopted regulations establishing the
Program beginning in 2007 and expiring
December 31, 2008. Section 218 of the
MSRA has now extended the expiration
date to five years after implementation.
The GOA groundfish comprehensive
rationalization plan is not yet complete.
This rule amends regulations at 50
CFR 679.80(a)(2) to be consistent with
the statutory requirements of section
218 of the MSRA that the Central GOA
Rockfish Program be extended from
December 31, 2008 (i.e., two years after
implementation by the Secretary), to
December 31, 2011 (i.e., five years after
implementation by the Secretary).
Classification
The Office of Management and Budget
has determined that this final rule is not
significant for purposes of Executive
Order 12866.
Through this action, NMFS seeks to
ensure that the regulations
implementing the Magnuson-Stevens
Act conform to the statutory
requirements. Pursuant to 5 U.S.C.
553(b)(B), the NOAA Assistant
Administrator for Fisheries finds good
cause to waive prior notice and an
opportunity for public comment on this
action, as notice and comment are
unnecessary for the following reasons.
First, the actions taken in this final rule
are non-discretionary. As noted
previously in the preamble, these
actions either change current
regulations to conform to the statute or
add definitions that exist in the statute
to the regulations. Since these changes
are non-discretionary, notice and
comment on them would not allow the
agency to make any changes to them,
making notice and comment
unnecessary. Second, the regulations as
they exist present out-of-date
information, due to the MSRA
amendments. This situation causes
confusion to the public as they try to
reconcile the requirements of the
Magnuson-Stevens Act with those of the
regulations. Bringing the regulations in
line with the overriding requirements of
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Frm 00100
Fmt 4700
Sfmt 4700
the statute is consistent with the public
interest. Further, because the rule is
only administrative in nature, is nondiscretionary, and imposes no new
substantive requirements or restrictions
on the public, the Assistant
Administrator for Fisheries, NOAA,
under 5 U.S.C. 553(d)(3), finds
inapplicable the requirement to delay its
effective date for 30 days.
List of Subjects
50 CFR Part 600
Administrative practice and
procedure, Confidential business
information, Fisheries, Fishing, Fishing
vessels, Foreign relations,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Statistics.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
50 CFR Part 679
Alaska, Fisheries.
Dated: November 10, 2008.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons discussed in the
preamble, NMFS amends 50 CFR parts
600, 622, and 679 as follows:
■
Chapter VI
PART 600—MAGNUSON-STEVENS
ACT PROVISIONS
1. The authority citation for part 600
continues to read as follows:
■
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801
et seq.
2. In § 600.10, the definition of
‘‘Limited access system’’ is added in
alphabetical order to read as follows:
■
§ 600.10
Definitions.
Limited access system means a system
that limits participation in a fishery to
those satisfying certain eligibility
criteria or requirements contained in a
fishery management plan or associated
regulation.
■ 3. In § 600.345, paragraph (a)
introductory text is revised to read as
follows:
§ 600.345 National Standard 8––
Communities.
(a) Standard 8. Conservation and
management measures shall, consistent
with the conservation requirements of
the Magnuson-Stevens Act (including
the prevention of overfishing and
rebuilding of overfished stocks), take
E:\FR\FM\17NOR1.SGM
17NOR1
Federal Register / Vol. 73, No. 222 / Monday, November 17, 2008 / Rules and Regulations
into account the importance of fishery
resources to fishing communities by
utilizing economic and social data that
are based upon the best scientific
information available in order to:
4. In § 600.350, paragraph (c) is
revised to read as follows:
■
§ 600.350
(c) Definition—Bycatch. The term
‘‘bycatch’’ means fish that are harvested
in a fishery, but that are not sold or kept
for personal use.
(1) Inclusions. Bycatch includes the
discard of whole fish at sea or
elsewhere, including economic discards
and regulatory discards, and fishing
mortality due to an encounter with
fishing gear that does not result in
capture of fish (i.e., unobserved fishing
mortality).
(2) Exclusions. Bycatch excludes the
following:
(i) Fish that legally are retained in a
fishery and kept for personal, tribal, or
cultural use, or that enter commerce
through sale, barter, or trade.
(ii) Fish released alive under a
recreational catch-and-release fishery
management program. A catch-andrelease fishery management program is
one in which the retention of a
particular species is prohibited. In such
a program, those fish released alive
would not be considered bycatch.
(iii) Fish harvested in a commercial
fishery managed by the Secretary under
Magnuson-Stevens Act sec. 304(g) or the
Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971d) or highly migratory
species harvested in a commercial
fishery managed by a Council under the
Magnuson-Stevens Act or the Western
and Central Pacific Fisheries
Convention Implementation Act, that
are not regulatory discards and that are
tagged and released alive under a
scientific tagging and release program
established by the Secretary.
5. In § 600.516, paragraph (a) is
revised to read as follows:
■
hsrobinson on PROD1PC76 with RULES
§ 600.516 Total allowable level of foreign
fishing (TALFF).
(a) The TALFF, if any, with respect to
any fishery subject to the exclusive
fishery management authority of the
United States, is that portion of the OY
of such fishery, which cannot or will
not be harvested by vessels of the
United States. Allocations of TALFF are
discretionary, except that the total
allowable level shall be zero for
fisheries determined by the Secretary to
have adequate or excess domestic
harvest capacity.
17:35 Nov 14, 2008
Jkt 217001
6. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
National Standard 9—Bycatch.
VerDate Aug<31>2005
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
7. In § 622.2, the definition of
‘‘Caribbean’’ is revised to read as
follows:
■
§ 622.2
Definitions and acronyms.
Caribbean means the Caribbean Sea
and Atlantic Ocean seaward of Puerto
Rico, the U.S. Virgin Islands, and
possessions of the United States in the
Caribbean Sea.
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
8. The authority citation for 50 CFR
part 679 is revised to read as follows:
■
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
3631 et seq.; Pub. L. 105–277; Pub. L. 106–
31; Pub. L. 106–554; Pub. L. 108–199; Pub.
L. 108–447; Pub. L. 109–241; Pub. L. 109–
479.
9. In § 679.80, paragraph (a)(2) is
revised to read as follows:
■
§ 679.80
Initial allocation of rockfish QS.
(a) * * *
(2) Duration. The Rockfish Program
authorized under this part expires on
December 31, 2011.
[FR Doc. E8–27227 Filed 11–14–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061228342–7068–02]
RIN 0648–XL69
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; Total
Allowable Catch Harvested for
Management Area 1A
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Closure of Atlantic herring
fishery for Management Area 1A.
AGENCY:
SUMMARY: NMFS announces that,
effective 0001 hours, November 14,
2008, federally permitted vessels may
not fish for, catch, possess, transfer, or
land more than 2,000 lb (907.2 kg) of
Atlantic herring in or from Management
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Fmt 4700
Sfmt 4700
67811
Area 1A (Area 1A) per trip or calendar
day until January 1, 2009, when the
2009 TAC becomes available, except for
transiting purposes as described in this
notice. This action is based on the
determination that 95 percent of the
Atlantic herring total allowable catch
(TAC) allocated to Area 1A for 2008 is
projected to be harvested. Regulations
governing the Atlantic herring fishery
require publication of this notification
to advise vessel and dealer permit
holders that no TAC is available for the
directed fishery for Atlantic herring
harvested from Area 1A.
DATES: Effective 0001 hrs local time,
November 14, 2008, for the remainder of
the fishing year.
FOR FURTHER INFORMATION CONTACT:
Christopher Biegel, Fishery
Management Specialist, at (978) 281–
9112.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
herring fishery are found at 50 CFR part
648. The regulations require annual
specification of optimum yield,
domestic and foreign fishing, domestic
and joint venture processing, and
management area TACs. The 2008 TAC
allocated to Area 1A (72 FR 17807,
April 10, 2007) is 45,000 mt (99,908,017
lb).
The regulations at § 648.202 require
the Administrator, Northeast Region,
NMFS (Regional Administrator) to
monitor the Atlantic herring fishery in
each of the four management areas
designated in the Fishery Management
Plan for the Atlantic Herring Fishery
and, based upon dealer reports, state
data, and other available information, to
determine when the harvest of Atlantic
herring is projected to reach 95 percent
of the TAC allocated. When such a
determination is made, NMFS is
required to publish notification in the
Federal Register of this determination.
Effective upon a specific date, NMFS
must notify vessel and dealer permit
holders that vessels are prohibited from
fishing for, catching, possessing,
transferring, or landing more than 2,000
lb (907.2 kg) of herring per trip or
calendar day in or from the specified
management area for the remainder of
the closure period. Transiting of Area
1A with more than 2,000 lb of herring
on board is allowed under the
conditions specified below.
The Regional Administrator has
determined, based upon dealer reports
and other available information, that 95
percent of the total Atlantic herring TAC
allocated to Area 1A for the 2008 fishing
year is projected to be harvested.
Therefore, effective 0001 hrs local time,
November 14, 2008, federally permitted
E:\FR\FM\17NOR1.SGM
17NOR1
]]>Agencies
[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Rules and Regulations]
[Pages 67809-67811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27227]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600, 622, and 679
[Docket No. 0809101190-81192-01]
RIN 0648-AX26
General Provisions of the Magnuson-Stevens Fishery Conservation
and Management Act; Minor Amendments to Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues minor amendments to update regulations pertaining
to the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). The updated regulations reflect amendments to
the Magnuson-Stevens Act by the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006 (MSRA) so that regulations
are consistent with the revised statutory text. The effect of this
action is to update Magnuson-Stevens Act regulations where only minor
changes to revise language or insert new provisions of the amended
Magnuson-Stevens Act are needed. Additional actions interpreting and
implementing the requirements of the MSRA are being addressed as
separate rulemakings.
DATES: Effective November 17, 2008.
FOR FURTHER INFORMATION CONTACT: William D. Chappell at 301-713-2337.
SUPPLEMENTARY INFORMATION: In title 50, parts 600, 622, and 679 contain
regulations issued under authority of the Magnuson-Stevens Act. On
January 12, 2007, the President signed into law the MSRA (Public Law
109-479), which
[[Page 67810]]
amended the Magnuson-Stevens Act and set forth, among other things,
general and more specialized provisions pertaining to parts 600, 622,
and 679. NMFS makes minor changes to these parts to resolve
inconsistencies between the specified regulations and the governing
changes presented in the MSRA that have a direct bearing on the
regulations. This final rule makes changes following the provisions of
the Magnuson-Stevens Act as amended by the MSRA in the order of their
presentation in the regulations. The applicable Magnuson-Stevens Act
citation is in parentheses.
In Sec. 600.10 the definition of term ``limited access system'' is
added, as this term is used very often in current fishery management
plans and regulations (Magnuson-Stevens Act sec. 3(27)).
Section 600.345 is modified to add the MSRA requirement to National
Standard 8 -- Communities, that fishery conservation and management
measures take into account the importance of fishery resources to
fishing communities by using economic and social data that is based on
the best scientific information available (Magnuson-Stevens Act sec.
301(a)(8)).
Section 600.350 revises National Standard 9 -- Bycatch, by
reformatting paragraph (c), the definition, and adding an exclusion of
``bycatch'' scientifically tagged and released highly migratory species
fish harvested in a commercial fishery managed by a Council or the
Western and Central Pacific Fisheries Convention Implementation Act
(Magnuson-Stevens Act sec. 304(g)(2)).
Section 600.516 updates the language and specifies that allocations
of the total allowable level of foreign fishing are discretionary and
such allocations shall be zero for fisheries that have adequate or
excess domestic harvest capacity (Magnuson-Stevens Act sec. 201(d)).
Section 622.2, revises the definition of ``Caribbean'' to reflect
the extended jurisdiction of the Caribbean Fishery Management Council
to the U.S. waters surrounding all U.S. territories in the Caribbean
Sea (Magnuson-Stevens Act sec. 302(a)(1)(D)). Previously, Council
jurisdiction was only over fisheries seaward of the U.S. Virgin Islands
and Puerto Rico.
Section 218 of the MSRA amended section 802 of the Consolidated
Appropriations Act of 2004 (Public Law 108--199; section 802) to extend
the duration of the Central Gulf of Alaska (GOA) Rockfish Program from
two to five years. In section 802, Congress required the Secretary in
consultation with the North Pacific Fishery Management Council to
establish a management program for Central GOA rockfish and other
groundfish fisheries with specific provisions. Section 802 states in
part, ``...The pilot program will sunset when a GOA groundfish
comprehensive rationalization plan is authorized by the Council and
implemented by the Secretary, or 2 years from date of implementation,
whichever is earlier.''
The North Pacific Fishery Management Council adopted the Central
GOA Rockfish Program on June 6, 2005. NMFS approved the amendment to
the Gulf of Alaska Groundfish Fishery Management Plan and adopted
regulations establishing the Program beginning in 2007 and expiring
December 31, 2008. Section 218 of the MSRA has now extended the
expiration date to five years after implementation. The GOA groundfish
comprehensive rationalization plan is not yet complete.
This rule amends regulations at 50 CFR 679.80(a)(2) to be
consistent with the statutory requirements of section 218 of the MSRA
that the Central GOA Rockfish Program be extended from December 31,
2008 (i.e., two years after implementation by the Secretary), to
December 31, 2011 (i.e., five years after implementation by the
Secretary).
Classification
The Office of Management and Budget has determined that this final
rule is not significant for purposes of Executive Order 12866.
Through this action, NMFS seeks to ensure that the regulations
implementing the Magnuson-Stevens Act conform to the statutory
requirements. Pursuant to 5 U.S.C. 553(b)(B), the NOAA Assistant
Administrator for Fisheries finds good cause to waive prior notice and
an opportunity for public comment on this action, as notice and comment
are unnecessary for the following reasons. First, the actions taken in
this final rule are non-discretionary. As noted previously in the
preamble, these actions either change current regulations to conform to
the statute or add definitions that exist in the statute to the
regulations. Since these changes are non-discretionary, notice and
comment on them would not allow the agency to make any changes to them,
making notice and comment unnecessary. Second, the regulations as they
exist present out-of-date information, due to the MSRA amendments. This
situation causes confusion to the public as they try to reconcile the
requirements of the Magnuson-Stevens Act with those of the regulations.
Bringing the regulations in line with the overriding requirements of
the statute is consistent with the public interest. Further, because
the rule is only administrative in nature, is non-discretionary, and
imposes no new substantive requirements or restrictions on the public,
the Assistant Administrator for Fisheries, NOAA, under 5 U.S.C.
553(d)(3), finds inapplicable the requirement to delay its effective
date for 30 days.
List of Subjects
50 CFR Part 600
Administrative practice and procedure, Confidential business
information, Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
50 CFR Part 679
Alaska, Fisheries.
Dated: November 10, 2008.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons discussed in the preamble, NMFS amends 50 CFR parts
600, 622, and 679 as follows:
Chapter VI
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
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2. In Sec. 600.10, the definition of ``Limited access system'' is
added in alphabetical order to read as follows:
Sec. 600.10 Definitions.
Limited access system means a system that limits participation in a
fishery to those satisfying certain eligibility criteria or
requirements contained in a fishery management plan or associated
regulation.
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3. In Sec. 600.345, paragraph (a) introductory text is revised to read
as follows:
Sec. 600.345 National Standard 8--Communities.
(a) Standard 8. Conservation and management measures shall,
consistent with the conservation requirements of the Magnuson-Stevens
Act (including the prevention of overfishing and rebuilding of
overfished stocks), take
[[Page 67811]]
into account the importance of fishery resources to fishing communities
by utilizing economic and social data that are based upon the best
scientific information available in order to:
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4. In Sec. 600.350, paragraph (c) is revised to read as follows:
Sec. 600.350 National Standard 9--Bycatch.
(c) Definition--Bycatch. The term ``bycatch'' means fish that are
harvested in a fishery, but that are not sold or kept for personal use.
(1) Inclusions. Bycatch includes the discard of whole fish at sea
or elsewhere, including economic discards and regulatory discards, and
fishing mortality due to an encounter with fishing gear that does not
result in capture of fish (i.e., unobserved fishing mortality).
(2) Exclusions. Bycatch excludes the following:
(i) Fish that legally are retained in a fishery and kept for
personal, tribal, or cultural use, or that enter commerce through sale,
barter, or trade.
(ii) Fish released alive under a recreational catch-and-release
fishery management program. A catch-and-release fishery management
program is one in which the retention of a particular species is
prohibited. In such a program, those fish released alive would not be
considered bycatch.
(iii) Fish harvested in a commercial fishery managed by the
Secretary under Magnuson-Stevens Act sec. 304(g) or the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971d) or highly migratory species
harvested in a commercial fishery managed by a Council under the
Magnuson-Stevens Act or the Western and Central Pacific Fisheries
Convention Implementation Act, that are not regulatory discards and
that are tagged and released alive under a scientific tagging and
release program established by the Secretary.
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5. In Sec. 600.516, paragraph (a) is revised to read as follows:
Sec. 600.516 Total allowable level of foreign fishing (TALFF).
(a) The TALFF, if any, with respect to any fishery subject to the
exclusive fishery management authority of the United States, is that
portion of the OY of such fishery, which cannot or will not be
harvested by vessels of the United States. Allocations of TALFF are
discretionary, except that the total allowable level shall be zero for
fisheries determined by the Secretary to have adequate or excess
domestic harvest capacity.
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
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6. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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7. In Sec. 622.2, the definition of ``Caribbean'' is revised to read
as follows:
Sec. 622.2 Definitions and acronyms.
Caribbean means the Caribbean Sea and Atlantic Ocean seaward of
Puerto Rico, the U.S. Virgin Islands, and possessions of the United
States in the Caribbean Sea.
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
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8. The authority citation for 50 CFR part 679 is revised to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
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9. In Sec. 679.80, paragraph (a)(2) is revised to read as follows:
Sec. 679.80 Initial allocation of rockfish QS.
(a) * * *
(2) Duration. The Rockfish Program authorized under this part
expires on December 31, 2011.
[FR Doc. E8-27227 Filed 11-14-08; 8:45 am]
BILLING CODE 3510-22-S
